Chapter 17.02 — INTERPRETATION OF LOS ALAMITOS ZONING CODE PROVISIONS

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code and to ensure consistent interpretation and application of this Zoning Code.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Authority. The Director has the authority to interpret provisions of this Zoning Code according to Section 17.02.030 (Procedures for Interpretation). Whenever the Director determines that the meaning or applicability of this Zoning Code requirement is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Planning Commission for a determination.

• B. Terminology. When used in this Zoning Code, the following rules apply to all provisions.

  1. Language. The words "shall," "must," "will," "is to," and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

  2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

  3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

  4. Calculations.

     • a. Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For projects eligible for a density bonus subject to Government Code Section 65915 or any successor statute, any fractional number of permitted density bonus units shall be rounded up to the next whole number.

     • b. Other Calculations. For calculations required by this Zoning Code other than those described in paragraph (4)(a) of this subsection, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.4 or more, and to the next lowest whole number when the fraction is less than 0.4.

  5. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination.

"Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."

6. Local Reference. "City" means the City of Los Alamitos, and all public officials, bodies, and agencies referenced are those of the City unless otherwise stated.

7. Definitions. As defined in Division 7 (Definitions) and/or as determined/interpreted by the Director.

8. Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision-making bodies are shortened in this Zoning Code.

   • a. The Development Services Director is referred to as the "Director."

   • b. The City Council is referred to as the "Council."

   • c. The State of California is referred to as the "State."

   • d. The City of Los Alamitos Municipal Code is referred to as the "Municipal Code."

   • e. The California Subdivision Map Act is referred to as the "Map Act."

• C. Number of Days. Whenever a number of days is specified in this Zoning Code, or in a permit, condition of approval, or notice issued or given as provided herein, the number of days shall be construed as calendar days, unless business days are specified. Time limits shall extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.

• D. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

• E. Conflicting Requirements. Conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows:

  1. Zoning Code Provisions. In the event of a conflict between the provisions of this Zoning Code, the most restrictive requirement shall apply.

  2. Development Agreements or Specific Plans. In the event of a conflict between the requirements of this Zoning Code and standards adopted as part of a Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall apply.

  3. Municipal Code Provisions. In the event of a conflict between requirements of this Zoning Code and other regulations of the City, the most restrictive shall apply.

  4. Private Agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate or annul an easement, covenant, or other agreement that existed when the ordinance codified in this Zoning Code became effective. This Zoning Code apply to land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of an agreement or restriction. The City shall not enforce a private covenant or agreement unless it is a party to the covenant or agreement.

• F. Zoning Map Boundaries. If there is uncertainty about the location of a zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty.

  1. Where the Zoning Map shows a parcel or area within a particular zone, the zone shall extend to the centerline of an adjacent road, street, parkway, or highway.

  2. Where the exact boundaries of a zone cannot be readily or exactly ascertained by reference to the Zoning Map, the boundary shall be deemed to be included within the zone that is more restrictive.

  3. The provisions of this section shall not apply to acreage.

  4. If a zone boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the Director shall determine the location of the boundary by using the scale appearing on the Zoning Map.

5. Where a public street, alley, railroad, or other public right-of-way is officially vacated or abandoned, property that was within the former right-of-way shall be deemed to be included within the zone applicable to the property to which the abandoned right-of-way is being attached.

• G. Measurement of Height and Area Requirements. When this Zoning Code requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the Director shall decide as to the correct measurement.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Authority of Director to Interpret; Referral to Commission. Whenever the Director or designee determines that the meaning or applicability of any of the requirements of this Zoning Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination.

• B. Request for Interpretation. Any party may file a request for an interpretation or determination of this Zoning Code with the Director and shall include with such request the specific provisions in question and any other information necessary to assist the Director in the review.

• C. Findings, Basis for Interpretation. The issuance of an interpretation by the Director/Planning Commission shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan.

• D. Record of Interpretation/Determinations. All interpretations and determinations by the Director and Planning Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

  1. Interpretations and determinations shall quote the provisions of the Zoning Code being interpreted, together with the applicability in the particular or general circumstances that caused the need for interpretations and the determination; and

  2. A provision of this Zoning Code that is determined by the director to need refinement or revision shall be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Director shall maintain a record of official interpretations as an appendix to this Zoning Code and indexed by the number of the chapter or section that is the subject of the interpretation.

• E. Referral of Interpretation. The Director has the option of forwarding an interpretation or determination of the meaning or applicability of a provision of this Zoning Code directly to the Planning Commission for consideration.

• F. Appeals. Any interpretation of this Zoning Code by the Director or Planning Commission may be appealed in compliance with Chapter 17.60 (Appeals).

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Division 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

• B. Director's Determination. Based on the authority granted in Section 17.02.030 (Procedures for Interpretation), the Director may determine that a land use that is not listed in Division 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

  1. The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;

  2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and

  3. The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan.

• C. Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

• (Ord. 19-03 § 3, 2019)

In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Municipal Code, the text shall control. (Ord. 19-03 § 3, 2019)

Where this Zoning Code refers to provisions of State law (for example, the California Government Code , Subdivision Map Act, Public Resources Code , etc.), the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time. (Ord. 19-03 § 3, 2019)